Case Details

Citation(s)
2018 SLG 1874 2018 SLD 1874 2018 PLD 140
Peshawar High Court
Writ Petition No. 739 of 2017, decision & hearing Dated: 06-12-2017.
SYED MUHAMMAD ATTIQUE SHAH, JUSTICE LAL, JAN KHATTAK, JUSTICE
Abdur Rauf Khan Jadoon for Petitioner. Yasir Zahoor Abbasi and Javed Tanoli for
Respondents.

RUSTAM KHAN

VS

THE STATE AND OTHERS

Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 419, 420, 468, 471 & 477---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), Ss.195 & 476---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine or forged document, fraudulent cancellation, destruction of will, corruption---Constitutional petition for quashing of FIR---Main stress of accused persons was that the very registration of the impugned FIR was illegal as complainant was not competent under the law to get the same registered under S.195(1), Cr.P.C., as only the Presiding Officer of the concerned court was competent to get the FIR registered against the accused persons---Section 195(1)(c) of Cr.P.C., did not place any embargo upon reporting of alleged offence to the Police for registration of FIR with regard to conducting of investigation in respect of such an allegation---Said provision of law, in circumstances, did not impose any prohibition on registration of criminal case---No bar existed, either on the registration of an FIR or carrying out investigation and taking all steps prior to the stage when the court could take cognizance---If, prima facie, an offence had been committed, the ordinary course of trial before the court was not to be allowed to be defeated by resorting to the constitutional jurisdiction of High Court---Constitutional petition being bereft of merits was dismissed, in circumstances. Industrial Development Bank of Pakistan and others v. Mian Asim Fareed and others 2006 SCMR 483; Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192; Dr.Ghulam Mustafa v. State 2008 SCMR 76 and Director General Anti-Corruption Establishment, Lahore v. Muhammad Akram Khan PLD 2013 SC 401 ref. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.- This Court intends to decide the instant writ petition and Writ Petition No. 1057 titled "Sherzada Khan v. State" arising out of common question of law involved therein. 2. The petitioner in the present writ petition has prayed that: "It is, therefore, prayed that by accepting the petition, the impugned abovementioned FIR may…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492